Election of the Registrar of the International Criminal Court

Transcription

1 International Criminal Court Assembly of States Parties Distr.: General 9 October 2012 ICC-ASP/11/19 Original: English Eleventh session The Hague, November 2012 Election of the Registrar of the International Criminal Court Note by the Secretariat 1. Under the terms of article 43, paragraph 2, of the Rome Statute of the International Criminal Court, the Registry of the Court is to be headed by the Registrar, who shall be the principal administrative officer of the Court. Pursuant to paragraph 3 of the same provision, the Registrar shall be a person of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court. 2. Rule 12 of the Rules of Procedure and Evidence 1 provides, in paragraph 1, that as soon as it is elected, the Presidency shall establish a list of candidates who satisfy the criteria laid down in article 43, paragraph 3, and shall transmit the list to the Assembly of States Parties with a request for any recommendations. 3. Upon receipt of any such recommendations from the Assembly of States Parties, the judges, acting under the terms of article 43, paragraph 4, of the Rome Statute, and in accordance with the procedure laid down in paragraphs 2 and 3 of rule 12 of the Rules of Procedure and Evidence, shall, as soon as possible, elect the Registrar by an absolute majority by secret ballot, taking into account the above-mentioned recommendations of the Assembly of States Parties. First election 4. By a letter dated 15 April , the President of the International Criminal Court, acting pursuant to article 43, paragraph 4, of the Rome Statute and rule 12, paragraph 1, of the Rules of Procedure and Evidence, submitted to the President of the Assembly of States Parties the names and statements of qualifications of two candidates for the post of Registrar On 23 April 2003 the Assembly adopted by consensus recommendation ICC- ASP/1/Recommendation 1, that the judges should proceed to elect the Registrar on the basis of the list submitted by the Presidency (ICC-ASP/1/11) in accordance with rule 12 of the Rules of Procedure and Evidence. 6. On 24 June 2003, following the recommendation by the Assembly, the judges meeting in plenary session, in accordance with the procedure laid down in paragraphs 2 and 3 of rule 12 of the Rules of Procedure and Evidence, elected Mr. Bruno Cathala (France) Registrar of the International Criminal Court for a period of five years, beginning on 3 July On 13 February 2008, Mr. Cathala submitted his resignation to the President of the Court, Judge Philippe Kirsch, to take effect on 9 April Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002 (ICC-ASP/1/3 and corrigendum), Part II.A. 2 ICC-ASP/1/11, annex I. 3 Ibid., annex II. 19-E

2 Second election 7. By a letter dated 5 October 2007, the First Vice-President of the International Criminal Court, Judge Akua Kuenyehia, acting pursuant to article 43, paragraph 4, of the Rome Statute and rule 12, paragraph 1, of the Rules of Procedure and Evidence, submitted to the President of the Assembly of States Parties the names and statements of qualifications of 10 candidates for the post of Registrar On 14 December 2007 the Assembly adopted by consensus recommendation ICC- ASP/6/Recommendation On 28 February 2008, taking into account the recommendation of the Assembly, the judges meeting in plenary session elected by an absolute majority, in accordance with the procedure laid down in paragraphs 2 and 3 of rule 12 of the Rules of Procedure and Evidence, Ms. Silvana Arbia (Italy) as Registrar of the International Criminal Court for a five-year term. On 17 April 2008, Ms. Arbia made the solemn undertaking pursuant to article 45 of the Rome Statute and assumed duty as Registrar. Third election 10. By a letter dated 1 October 2012 (see annex I), the President of the Court, Judge Sang-Hyun Song, acting pursuant to article 43, paragraph 4, of the Rome Statute and rule 12, paragraph 1, of the Rules of Procedure and Evidence, submitted to the President of the Assembly of States Parties the names and statements of qualifications of 11 candidates for the post of Registrar: Ms. Alia Aoun (France/Lebanon); Ms. Silvana Arbia (Italy); Mr. Giancarlo Roberto Bellelli (Italy); Mr. John Hocking (Australia); Mr. Ralph Martens (Germany); Mr. Ngonlardje Kabra Mbaidjol (Chad); Mr. Lyn Parker (United Kingdom of Great Britain and Northern Ireland); Ms. Jocelyn Pierre (France); Mr. Daniel Didier Preira (Senegal/France); Mr. Claudio Santorum (Argentina/Spain); and Mr. Herman von Hebel (Netherlands) (see annex II). 4 See note by the Secretariat, Election of the Registrar of the International Criminal Court (ICC-ASP/6/16), annex I. 5 Official Records Sixth session 2007 (ICC-ASP/6/20), vol. I, part III, ICC-ASP/6/Recommendation E

3 Annex I Letter dated 1 October 2012 from the President of the International Criminal Court addressed to the President of the Assembly of States Parties to the Rome Statute of the International Criminal Court [Original: English] I have the honour to submit to the Assembly of States Parties a shortlist of candidates for the position of Registrar of the International Criminal Court ("the Court"), as well as to inform you of the process that has led to the establishment of the aforementioned shortlist. As you know, pursuant to article 43, paragraph 3, of the Rome Statute ("the Statute"), the Registrar shall be a person of "high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court." Article 43, paragraph 4, stipulates that the "judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties." Furthermore, according to rule 12, paragraph 1, of the Rules of Procedure and Evidence ("the Rules"), the Presidency shall establish a list of candidates who satisfy the criteria laid down in article 43, paragraph 3, and shall transmit the list to the Assembly of States Parties with a request for any recommendations. The position of the Registrar was advertised on the Court's website (Vacancy Announcement 2028 EE-RE) on 22 June 2012 and the deadline for applications was 27 August In total, sixty-seven (67) applications were received. The Court's Human Resources Section assessed all applications and found that thirty (30) candidates had met the minimum requirements stipulated in the Vacancy Announcement. For the purpose of short-listing, the relevant criteria were based on the Vacancy Announcement and the requirements, preferences and additional advantages/assets specified therein. Based on these criteria, the three members of the Presidency individually evaluated the qualified candidates and together identified eleven (11) candidates who best meet these criteria and the requirements set in the Statute. The short-listed candidates are (in alphabetical order): 7 Ms. Alia AOUN (France/Lebanon); Ms. Silvana ARBIA (Italy); Mr. Giancarlo BELLELLI (Italy); Mr. John HOCKING (Australia); Mr. Ralph MARTENS (Germany); Mr. Ngonlardje MBAIDJOL (Chad); Mr. Lyn PARKER (United Kingdom); Ms. Jocelyn PIERRE (France); Mr. Daniel PREIRA (Senegal/France); Mr. Claudio SANTORUM (Argentina/Spain); and Mr. Herman VON HEBEL (Netherlands). Please find enclosed the candidates' curricula vitae and executive summaries of their relevant experiences, as well as the statistical overview of gender and geographic representation. I kindly request Your Excellency to submit the names of the shortlisted candidates to the Assembly of States Parties for any recommendation that it may wish to make, as pursuant to article 43 of the Statute and rule 12 of the Rules. Please accept, Excellency, the assurances of my highest consideration. (Signed) Judge Sang-Hyun Song In cases of dual nationality, the States listed first are ones in which candidates exercise their civil and political rights and are thus considered relevant for the purpose of geographic representation. 19-E

4 Annex II Content Alphabetical list of candidates Name and nationality Page 1. Aoun, Alia (France/Lebanon) Arbia, Silvana (Italy) Bellelli, Giancarlo Roberto (Italy) Hocking, John (Australia) Martens, Ralph (Germany) Mbaidjol, Ngonlardje Kabra (Chad) Parker, Lyn (United Kingdom) Pierre, Jocelyn (France) Preira, Daniel Didier (Senegal/France) Santorum, Claudio (Argentina/Spain) Von Hebel, Herman (Netherlands) E

5 Annex III Alphabetical list of candidates, with statements of qualifications 1. Aoun, Alia (France/Lebanon) Executive summary of relevant experience (Original: English) Lawyer At the outset of my law studies in Lebanon, during the war, there was the need for rules to stem the chaos, limit the abuse and restore a certain balance in people s existences. Since then, my professional activity has been dedicated to the implementation of the rule of law. M.B.A. Holder of a Master of Business Administration, I spent two years in banking and finance, learning the bases of budget planning, budget control and strategic management. Attorney-at-law Once admitted to the Paris Bar, I started to practice intensively as a criminal defence lawyer and legal representative of victims, alternately. I held the responsibility for the administration of the legal aid program for more than two years, managing the teams of public defenders, training lawyers and liaising with the judiciary, detention authorities and police services. I drafted the Chart of the public defenders that was adopted by the Bar. In parallel, I was responsible for the teaching of criminal law and criminal procedure at the Bar school. As legal counsel of major organizations committed to the defence of human rights, I have struggled for the rights of minorities and leaded a number of non-discrimination cases. Throughout this period, I lectured and published articles and books on criminal law and procedure and civil rights. Commitment to the cause of international criminal justice In 2006, I founded the think tank called «Avocats et Juristes pour le Liban» whose objectives are to promote the rule of law in Lebanon, the abolition of death penalty and the adoption of the Rome s Statute by the Lebanese state. As President of the association, I organized and chaired conferences that brought together academics, practitioners and stakeholders from diverse political background on topics of concern for the civil society. Most of the debates were published ( In 2006, I was admitted to the list of counsels of the ICC. Since then, I regularly participated in the seminars organized by the Registry. I followed, on a voluntary basis, the seminar held on international criminal justice at the College de France. Work experience with an international court As Deputy Head of the Defence Office of the Special tribunal for Lebanon (STL), my objective was to set up the bases for a fair trial and hence contribute to strengthen the legitimacy of the institution. I contributed to implement the strategy of the international tribunal mainly by advising the Head of the Office, participating in the meetings of the Senior Management, contributing to the Annual Report of the President and launching outreach activities. 19-E

6 Alongside the Head of the Office, I liaised with diplomats and senior officials. I proposed and monitored a cycle of seminars in partnership with the Lebanese Bar associations, in joint venture with the Victims Participation Section of the STL. I sat in the Rule committee, proposed and discussed amendments to the Rules of procedure and evidence. I represented the Defence Office in inter-organs meetings, at the plenary of Judges and presented our observations during court hearings. As a supervisor of the Legal Advisory Section, I defined priorities for research, recruited staff and consultants and organized legal trainings for counsels. I notably monitored the drafting of the Code of conduct for counsels, the internal regulation of the Office as well as policies regulating our working relations with lawyers. The need to conciliate between the common law and the civil law was a major challenge. I reviewed the financial planning, the implementation of the electronic legal tool and the reports sent to the Management Committee and the Office of Legal Affairs of the UN The sensitive position that I occupied within the STL required diplomacy, cautiousness and devotion. I believe that the proposed position requires such qualities. I would be honored to devote my energy to contribute to the strengthening and development of an institution that bears the burden of achieving a noble cause. Rigor and technical expertise acquired during my career, combined with my desire for objectivity will serve, I hope, the neutrality of the Registry. Statement of qualifications Attorney, Paris Bar Personal information 45 years old Lebanese and French national Work experience Sept May 2012 : Special Tribunal For Lebanon ( The Hague Deputy Head of the Defence Office - Advice to the Head of the Defence Office on strategic matters - Liaising with international and governmental organizations - Diplomatic briefings, lecturing to judges, lawyers and law scholars - Liaising with the organs of the tribunal and representing the Defence Office in inter-organ meetings - Appearing in court on issues related to the fairness of the proceedings - Proposals of amendments to the Rules of procedure and evidence and representation of the Defence Office within the Rules Committe of the Tribunal - Orienting and supervising the work of the Legal Advisory Section - Negotiating and adopting policies, guidelines and procedures for counsels - Providing and organizing legal training for counsels 6 19-E

7 - Coordinating the budgeting process and financial management of the Office - Acting on behalf of the Head of the Defence Office upon request or in his absence - Recruitment and supervision of staff and consultants Oct ongoing: Lawyers Association For Lebanon ( Paris President, Founding Member - Implementing the goals of the association : promotion of the Rule of law in Lebanon, defence of the civil liberties and abolition of death penalty - Organizing and chairing seminars that bring together politicians, academics and lawyers on controversial issues : - Lebanon and the international legal order in 2007, The electoral reform in 2008, The Lebanese state, between crisis and reconstruction in 2009, - The role of Lebanon as a non-permanent member of the Security Council of the UN in Fundraising - Publishing the works of the association July Sept. 2010: Alia Aoun Law Office, Paris Attorney at law, Founder - General practice with specialization in criminal procedure and immigration law - Defence of human rights activists and associations such as Act Up, La Ligue des Droits de l Homme and the Committe against Modern Slavery - Launching of the first trials in France after the adoption of the antidiscrimination law : , Trial Chamber, Paris, Halde vs. Hanotelle, - Racial discrimination ; , Court of Appeals, Douai, Act-Up vs. Vanneste, homophobic insult - Responsibility for the teaching of criminal law and criminal procedure at the Paris Bar School from 2002 to Management of the Paris Bar teams of Public Defenders between 2002 and 2004 April June 2000: Michel Audouin Verin & Hadjidjanian Marcus Seine-Saint-Denis Junior lawyer - Intensive practice as a trial counsel for the accused, victims and immigrants Nov Aug. 1993: Compagnie Bancaire Et Financière Du Batiment Et Des Travaux Publics, Paris Business Banking Client Manager Publications - Droit et politique au Liban, Les Cahiers de l Orient, n 38, Paris, April 2009 : direction and coordination 19-E

8 - Quelle loi, quel juge, quel crime?, in Les Cahiers de l Orient, n 38, Paris, April Histoire du droit et de la justice en France, collective work, Prat, Paris 2007 : author of chapters on criminal law and criminal procedure - À quoi reconnaît-on son juge?, in Lettre du Syndicat des Avocats de France, Paris, April L affaire des fichiers de police, in Lettre du Syndicat des Avocats de France, Paris, Juin Le Pacs, collection Delmas, éditions Dalloz, March 2000 : first book published in France after the adoption of the law authorizing the civil partnership - Vos droits et la loi, collective work, Reader s Digest, March Vos droits en toute occasion, collective work, Reader s Digest, February 1997 Seminars - Judge, ICC Trial Competition, 5th edition The Hague Lecturer, The trial in absentia before the Special Tribunal for Lebanon, The protection of the rights of the defence», The definition of terrorism Paris, The Hague Participant, International Criminal Court Seminars for counsels The Hague Lecturer, L Etat libanais, entre crise de régime et refondation» Paris Lecturer, Etat de droit et confessionnalisme politique Lille Lecturer, Le projet de réforme électorale Paris Lecturer, Les discriminations sexuelles en matière judiciaire. Le droit des étrangers Paris Lecturer, L organisation d une défense collective Bordeaux 2002 Education Paris Bar School Certificate of specialization in criminal law Paris 2004 Admission to Bar Practice Capa Paris 1995 Université Paris Ii Panthéon Assas DESUP Diplôme de troisième cycle Droit et Pratique du Barreau Paris 1996 Université Paris I Panthéon Sorbonne Master Carrières Judiciaires Paris 1994 Em Lyon Business School Master of Business Administration Lyon 1990 Saint Joseph University Master of Laws, Private Law Beyrouth 1988 Master of Laws, Public Law Beyrouth 1988 Language skills Arabic and French: Native languages English: Fluent 8 19-E

9 2. Arbia, Silvana (Italy) Executive summary of relevant experience (Original: English) I have extensive senior leadership experience and a demonstrated ability to deliver strategic results in diverse areas, including human, financial and physical resource management, security, and field operations. I have over 30 years of well documented progressively responsible managerial experience in judicial institutions at both the national and international level. Throughout my long professional career I have continuously demonstrated an interest in and an aptitude for improving the functioning of judicial institutions. As a judge in Italy, I assisted in the administration of the Court. I initiated the modernisation of the judiciary in Rome, implementing a pilot project to digitize the courts. This greatly increased the efficiency of the court and was replicated across the country. My experience in labour law also serves as relevant experience for effective management of staff. On the international level, I gained extensive experience at the ICTR in managing judicial proceedings. I was responsible for the management and professional development of almost 200 staff and for the efficient and effective running of the office of the Prosecutor. I have demonstrated strategic leadership, having prepared the strategic and general work plan for the prosecution at the ICTR and for the ICC as Registrar. As Registrar, I have been responsible for the non-judicial aspects of the administration and servicing of the ICC since I have managed the performance and development of approximately 900 staff based in The Hague and in the field, recognising that the Court s human resources are its most valuable asset. I have adopted numerous Administrative Issuances in relation to staffing and performance; overseen developments in ICT; ensured the smooth and efficient operation of court proceedings; provided services to victims and witnesses, and promoted the understanding of the Court s mandate. Under my administration, the Court has grown from having held 121 hours of hearings in 2008, to approximately 1,000 hours in 2011; from receiving 675 applications from victims in 2008, to around 6,000 in 2011; and reached the first conviction in its history. I have a proven track record of efficient management of public funds. In the ICTR, as a certifying officer with delegation of authority for accounts, I achieved a substantive reduction in expenditures. I also assisted the ICTR Registry with a review of all staff functions and negotiated with the UN regarding funding. For the past five years, I have managed the ICC s annual budget of approximately 100 million. I have extensive insight into the Court s financial rules, regulations, budgeting process, negotiations and implementation. I have demonstrated strategic awareness and the ability to meet operational requirements within very strict financial limitations. This has required prudent judgement, initiative and resourcefulness, as well as the ability to effectively lead a team to reach established goals. Furthermore, I have made it a priority in my tenure as Registrar to provide full support to the judiciary. I have developed a practical and effective working relationship with the President and Presidency that has facilitated the efficient administration of the Court. I also have proven my ability to form effective relationships with States Parties to the Rome Statute and other relevant stakeholders. Finally, I have an excellent working knowledge of international diplomacy and negotiation through my work as the Italian delegate to the ICC Rome Conference, a member of the ICTR delegation to negotiate an agreement between the UN and Italy to enforce the ICTR judgments, and in my current role as Registrar. Having worked as a lawyer, judge, prosecutor and now Registrar, I have a breadth of experience that grants me unique insight into the operations of all the parts of a judicial institution. The privilege of serving as ICC Registrar since 2008 has given me unrivaled relevant experience for the position of Registrar in E

10 Statement of qualifications Education Laurea in giurisprudenza. Padova University, Italy, February Special post lauream courses: - Canadian Human Rights Foundation, Montreal, The Hague Academy of International law, 1991, 1992, Academy of European Law, Florence, International Institute of Human Rights René Cassin, Practice on computerized processing of judicial procedures since Advocacy training, Arusha, December 2001, February Result-based Budget Training, United Nations International Criminal Tribunal for Rwanda (ICTR), Arusha, April Humanitarian law, Arusha, February Media communication. Professional skills and expertise - Legal and Judicial practice as counsel, public prosecutor and judge - Penal law and Procedural law - International law and international criminal law - Human Rights - Juridical database. - Management Main relevant work experiences : Lawyer in a law firm in Venice, admitted to the Bar. June 1979: Accession to the profession of judge and prosecutor (magistrato ordinario) : Judge on criminal cases, Venice : Judge on criminal and labor cases, Venice : Judge in Rome on labour cases : Judge of Appeal s Chamber I, Milan, on criminal cases (organized crimes at internal and international level, including money- laundering and international traffic in drugs; corruption and violation; child abuses). 30 June 1999: Promoted to the rank of judge of Supreme Court of Cassation. Since 24 October 1999: Appointed as Senior trial attorney, in the Office of the Prosecutor of the United Nations International Criminal Tribunal for Rwanda (UNICTR). October May 2003: Leader of a trial team dealing with international crimes, as genocide, crimes against humanity and war crimes, ensuring 12 indictments finalized and confirmed; 22 pre-trial cases; 2 trials. 15 December December 2002: Appointed as Acting Chief of Prosecutions, supervising around 92 staff including 8 trial teams. 30 June 2007: Promoted to the rank of judge qualified to be assigned of the most senior positions of the Court of Cassation E

11 July 2007: Promoted to the position of Chief of prosecutions involving the direction and the management of 12 trial teams, the Evidence Unit and the Investigations Section. This position filled until April February 2008: Elected Registrar by the Judges of the International Criminal Court. Since 17 April 2008 to present filling such position. Other relevant work experiences - Lecturer on human rights, LUISS University, Rome, Teacher of human rights at police officers' School, Rome, Teacher of electronic database "Italgiure Find, CED, Court of Cassation, Member of the editorial staff of the magazine "I diritti dell'uomo, cronache e battaglie", Rome, from Consultant for NGO CRIC on protection of human rights in illegal immigrations. - Responsible and co-coordinator of project Persone senza status received by the European Commission in the European Year against Racism, Appointed as representative of the Italian Ministry of Justice at the International Seminar on Violence against minors reporting on European joint action and Italian law to fight trafficking in human beings and sexual exploitation of children, Madrid 3-6 November Appointed as representative of Italian Ministry of Justice at the Grotius programme - International Seminar on Crime victims, Rome May Appointed as representative of Italian Ministry of Justice at the International seminar on crime victims in the European Union, Umea, Sweden, Appointed as Expert in Expertise mobilization in Bulgaria on Money laundering, by European Commission, Technical Assistance Information Exchange Office- Reference N102, March 1998 (Contract n.012/98). - Appointed as Italian delegate to the Diplomatic Conference for the establishment of an International Criminal Court, Rome, June-July Member of ICTR delegation to Negotiation concerning the Agreement between UN and Italy to enforce the ICTR judgment and to the signature of such Agreement (17 March 2004). - Guest speaker at a Master on International and transnational crime, Teramo, February Guest speaker at the national and international seminars. Most relevant publications: - L elemento oggettivo del sequestro di persona. Linee evolutive della giurisprudenza italiana, XXVII International Course for magistrates, Centro studi Luigi Severini, Perugia, Italy, September Il diritto alla rettifica alla luce delle recenti riforme, XXVIII International Course for magistrates, Centro studi Luigi SeverinPerugia, Italy, September Aspetti privatistici del diritto alla salute, C.I.D.I.S. Conference, Jesolo, Italy, Istituzione del giudice di pace nell ordinamento giuridico italiano, XXIX International Course for magistrates, Centro studi Luigi SeverinPerugia, Italy, September Il principio di specialitá nell estradizione, XXX International Course for magistrates, Centro studi Luigi Severini, Perugia, Italy, September E

12 - Banche dati e segreto professionale, INFOLEX, Venezia, Italy, Essay on I provvedimenti di polizia, Nuovissimo Digesto, Utet Article on Diritto internazionale del sistema Oil e diritto comunitario in materia sociale, Il Foro italiano, 1993, pp Article on Lavoro carcerario, specialitá del trattamento e diritti del - detenuto, Il diritto del lavoro, 1989, pp Article on : Licenziamento per giusta causa e pregiudiziale penale, - Il diritto del lavoro, 1988, pp Essay on La Giurisprudenza italiana e la Convenzione Europea dei diritti dell Uomo, Rivista internazionale dei Diritti dell Uomo, Milano, N.1/1999 (European Convention on human rights and domestic Italian law). - Essay on International Convention on children rights (Edizioni scientifiche italiane, 1994). - Report on juridical issues about immigrate children I minori extracomunitari: problemi giuridici, XV International meeting, Child Health Plan 98, Ancona, Italy, /30, Editor: G.M.Caramia, pp Commentario breve ai Trattati della Comunità e dell Unione europea, edited by Fausto Pocar, published by Cedam, Padova 2001 (commentary sub articles 39/42; 125/130; 136/140). Languages Mother tongue: Other languages: Italian Fluency in English Fluency in French E

13 3. Bellelli, Giancarlo Roberto (Italy) Executive summary of relevant experience (Original: English) 1982 Graduated in Law (criminal procedure), University of Naples Higher School of Public Administration (public management and finances); other higher education in The Hague and in Italy (1985/2011) Counsellor at the Treasury, providing advice to the Office of the Prime Minister on constitutional issues; auditing of the National Budget Judge and Prosecutor (trial period), at the Military Tribunal in Rome: investigations and prosecutions of military offences, attending hearing and drafting judicial decisions Deputy Prosecutor. In the most challenging conditions, a number of complex and high profile investigations and prosecutions on serious crimes (e.g., murder, transnational drugs and arms trafficking, kidnapping, rape, corruption, fraud) against Mafia-type organized criminal groups, including in Mega-trials. Mandated for all organizational and efficiency measures of the Office (administration, staff, procurement, directives), forensics, directives for Police forces, and financial preventive measures Military Judge: - Pre-Trial and Trial Judge ( ) in Verona. Management of the Office, review of investigations, confirmation of charges, judgments, also in war crimes cases. Attached to various Tribunals and to the Appeals Court, - Judge for sentence enforcement ( ) in Rome. Supervision of the detention regime and application of the Penitentiary Law, including enforcement of life imprisonment sentences for war crimes committed in 1944, - President of the Military Tribunal in Turin ( ). Management of the Tribunal. Adjudication of serious crimes, including war crimes committed in Legal expert at the Ministry of Foreign Affairs for international criminal law. Member of a number of National Commissions for the implementation of international criminal law instruments. All International Criminal Court issues, since the 1998 Rome Conference. Active member of and chaired the COJUR-ICC. Delegate at the UN/EU/Council of Europe for a number of international criminal law and human rights matters, including witness protection, Civilian Crisis Management, and terrorism. Bureau member of the Committee of Experts on Terrorism (CODEXTER) at the Council of Europe. Participation and presentations at a number of international and national Conferences on all main international criminal law subjects. Organizer and co-ordinator of the major Conference on International Criminal Justice (Turin, May 2007), as well as of the Round Table on International Criminal Justice: role, future and opportunities (Turin, 20 December 2005). UN expert and UNICRI consultant (explosives, weapons of mass destruction, terrorism, and criminal justice) present Legal Adviser at the Embassy of Italy to The Netherlands: - Chairman of the Oversight Committee on the Permanent Premises of the ICC, - Chairman of the Budget Committee of the Permanent Court of Arbitration (previously of the Working Group on the Financial Regulations and Rules). 19-E

14 Author of a number of publications in international criminal law (justice and terrorism). Fluent in English and French. Statement of qualifications Personal information Born in Rome on 19 September 1957 Married, two children Education - Laurea in giurisprudenza. University of Naples (1982) - Higher School of Public Administration ( , public management and finances, Rome) - Hague Academy of International Law (1985) - Trainings of the Higher Council for the Judiciary ( , including on judicial management and organization, international law and organized crime) Professional experience 2007 to present: Legal Adviser, Italian Embassy, The Hague : President of the Military Tribunal, Turin Head of the office: management and supervision of the administrative activities carried out by the Tribunal, including budget and finances, human resources, legal aid, and recovery of costs. Presiding judge: main trials included war crimes committed during in 1944, and serious crimes against the public administration : Legal Expert in international criminal humanitarian law, Legal Department, Italian Ministry of Foreign Affairs. Advise, drafting of relevant texts, and participation into negotiations. Advice on administrative law, judicial and legislative implementation of instruments of international criminal law and justice. All International Criminal Court related activities and initiatives, including: delegate to all meetings; drafting Italian implementing legislation of the Rome Statute and of its APIC; all actions in the European Union (e.g., 2001 Common Position; 2003 Chair of COJUR-ICC; Action Plan; technical cooperation on accession of Japan; EU expert on implementation; EU-ICC Focal Point for Italy). Since 1999, also advise the Ministry of Foreign Affairs Political Direction on Arms Control, Terrorism and Corruption, for crime prevention purposes : Judge, Military Tribunal for sentence enforcement, Rome Supervision of the enforcement of sentences (detention regime and application of benefits and measures under the Penitentiary Law), including for life imprisonment sentences for war crimes committed in : Judge, Military Tribunal, Verona Pre-Trial judge: management of the Office and adjudication of offences under the Military Penal Law; supervision of investigations on military crimes in the North East of Italy, including on war crimes committed in 1944; confirmation of charges, sentences and acquittals. Also attached to other judicial offices as Trial Judge (Verona, Torino, La Spezia and Bari; Appeals Court of Verona) E

15 : Deputy Prosecutor, Palmi (Reggio Calabria) In the most challenging conditions, investigations and prosecution of the most serious crimes affecting an area of high criminal density. In a number of complex and high-profile cases against organized crime (mainly Mafia organizations): criminal proceedings, financial preventive measures, protected witnesses (pentiti), and leading Police. Prosecution in Tribunal, Assize and Appeals Courts. Mandated for the non-judicial functions relevant to the organisation and the efficiency of the Office of the Prosecutor, including for measures on: management of human and other resources and tools of the Office; directives and other internal organizational guidelines; directives to the Police forces; adoption of special investigative techniques : Prosecutor and Judge (trial period), Military Tribunal, Rome Trial period, assisting the Military Prosecutor in investigations and prosecutions, as well as attending the hearings and drafting decisions and judgments for the President of the Tribunal : Counsellor at the Treasury, Rome At the State General Accounting Department (General Auditor s Office), control of regional laws against Italian Constitution, providing advice to the office of the Prime Minister; auditing of the National Budget. Other relevant professional experience - Chairman of the Oversight Committee established by the Assembly of States Parties of the ICC on the project for the permanent premises of the Court (2011 to present); Vice-Chairman in Chairman of the Budget Committee of the Permanent Court of Arbitration (2012) - Chairman of the Working Group for the establishment of the Financial Regulations and Rules of the Permanent Court of Arbitration (2011) - Organizer and President of the Turin Conference on International Criminal Justice (Torino, May 2007), on the practice and case-law in international criminal justice, in preparation of the Review Conference of the Rome Statute. Attended by all International-ized Tribunals, some 500 participants and 95 States ( Also, ICC-ASP/6/INF-2 and Add.1) - Organizer and coordinator of the Round Table on International Criminal Justice: role, future and opportunities (Turin, 20 October 2005) - Delegate of Italy to international Conferences and intergovernmental Organizations on issues related to international criminal law and international humanitarian law, e.g.: - International Criminal Court, including the 1998 Rome Diplomatic Conference; all the 10 sessions of the Preparatory Committee for the adoption of the implementing instruments of the Statute ( ); a number of intersessionals, seminars and other events ( ); all the Assembly of States Parties meetings ( ); Hague Working Group of the Bureau of the Assembly of States Parties; Study Group on Governance. - UN Convention on Transnational Organized Crime and Firearms Protocol thereto (Vienna, ) - UN Convention against Corruption. Negotiations at the Ad hoc Committee (Vienna, ) and for the Merida signing Conference - Council of Europe Convention on the Prevention of Terrorism (Strasbourg, 2005) and Protocol Amending the European Convention on the Suppression of Terrorism (Strasbourg, 2003) 19-E

16 - Council of Europe: PC-PW, protection of witnesses and collaborators of justice ( ); PC-TI, special investigative techniques ( ); CAHAR, legal aspects of territorial asylum, refugees and stateless persons (2005); DH-DEV, development of Human Rights ( ); DH-PR, amelioration of the procedures for the protection of Human Rights (2000); CODEXTER, Experts on terrorism ( , Bureau member); DH-S-TER, terrorism (2000); GMT, multidisciplinary group on terrorism ( ); PX-RX, racism and xenophoby (2002) - European Union Council: COJUR, public international law experts; CIVCOM, Rule of Law in the Crisis Management - National Commissions on IHL (Bruxelles 2000; Budapest, 2001; Geneva, 2002) - Expert at UNODC on the illicit manufacturing of and trafficking in explosives by criminals and their use for criminal purposes, for of the possible elaboration of an international instrument thereon (2000) - Consultant for UNICRI (United Nations Interregional Crime and Justice Research Institute), on Strengthening International Cooperation to Combat Illicit Trafficking and Criminal Use of CBRN substances and Weapons (2005). Scientific Adviser for all the International Criminal Justice Projects, including the publication of the ICTY Manual on Developed Practices ( ) and the Legacy Projects of ICTY (Training and e-learning Portal, and Manual for the Defence ), as well as the Manual of ICTR practices ( ) and other ICC related projects - Member ( ) of 11 National Commissions or Working Groups for the ratification and the implementation of instruments on international criminal law (ICC, Extradition and mutual legal assistance, IHL, Transnational Organized Crime, Cyber-Crime, Terrorism, Corruption) - Advisor, in the Advisory Council of the Global Institute for the Prevention of Aggression Presentations on international criminal law and the Rule of Law - Conference on the International Criminal Court (Manila, September 2008) - Conference on International Criminal Justice (Turin, May 2007) - Seminar, Italio-Egyptian on international terrorism (Rome - IAI, 12 September 2006) - Round Table on International Criminal Justice (Turin, 20 October 2005) - Consultation, EU-Japan on the ICC (Tokyo, December 2004) - Conference on the protection of cultural property in armed conflicts (Catania, October 2004) - Conference on war crimes (Milan, May 2004) - Seminar on criminal justice in civilian management of crisis (Madrid, May 2004) - Conference on international cooperation against terrorism (Trento, May 2004) - Conference on the European Union support to the ICC (Naples, September 2003) - Conference on the Italian implementation on the ICC Statute (Rome - Capitol, July 2003) - Simposium on the Rule of Law in Afghanistan (Washington, February 2003) - Conference on the ICC (Turin - LINCS, November 2002) - Conference on the ratification of the ICC Statute in Mediterranean Countries (Sevilla, February 2002) - Conference on the ratification of the ICC Statute (Rome, May 2000) E

17 - Training on international criminal law for judges and prosecutors (Rome Higher Council for the Judiciary, February 2000) - Seminar on international humanitarian law (Rome - IASD, January 2000) - Seminar on international criminal justice (Turin - SIOI, March 1997) Languages Italian: Mother tongue English: Fluent French: Fluent Publications Books - International Criminal Justice: Law and Practice from the Rome Statute to its Review (Farnham: Ashgate, 2010), pp. 702, - The Code of International Conventions and Italian legislation on Terrorism Italian ( Codice delle Convenzioni internazionale e della legislazione italiana sul terrorismo ) - (Roma: Istituto Poligrafico dello Stato and Editoriale Scientifica, 2003), pp. 1185, - Conference on International Criminal Justice, proceedings and acts - English, French, Italian, pp. 358 (Torino: AGAT, 2008), - The Administration of the International Criminal Court Italian ( L amministrazione della Corte Penale Internazionale ), series Questioni contemporanee n. 22 (Napoli: Editoriale Scientifica, 2006), pp. 94, Articles - Overview of the International Criminal Court, in International Conference on the International Criminal Court (Manila, 2008), pp. 9-23, - Offences against the administration of International Justice in The International Criminal Court Italian ( I reati contro l amministrazione della giustizia internazionale, in La Corte penale internazionale) (Milano: Giuffrè, 2006), pp , - The Rome Statute and the Italian Constitution, in The International Criminal Court Italian ( Lo Statuto di Roma e la Costituzione italiana, in La Corte penale internazionale) (Milano: Giuffrè, 2006), pp , - A Council of Europe perspective on the fight against terrorism, in International Cooperation in Counter-terrorism: The United Nations and Regional Organizations in the Fight Against Terrorism, ed. by G. Nesi, (Farnham: Ashgate, 2006), pp , - Italian implementation of the Rome Statute and related constitutional issues in States responses to the International Criminal Court by Roy S. Lee (Ardsley: Transnational Publishers, 2005), pp , - Adaptation of the Italian legal order to the ICC Statute, in Diritto Penale e Processo, n. 10/2003 Italian ("Come adattare l ordinamento giuridico italiano allo Statuto della Corte penale internazionale: lo stato dei lavori"), pp , - The Work of the Preparatory Commission of the International Criminal Court, in The Global Community, Yearbook of International Law and Jurisprudence (Oceana Publications: New York, 2002), pp , 19-E

18 - The Protocol No. 13 additional to the European Convention on Human Rights, in The Global Community, Yearbook of International Law and Jurisprudence (Oceana Publications: New York, 2002), pp , - The Firearms Protocol additional to the Palermo Convention on Transnational Organised Crime, in The Global Community, Yearbook of International Law and Jurisprudence (Oceana Publications: New York, 2002), , - The establishment of the International Criminal Court in The Global Community, Yearbook of International Law and Jurisprudence, 812 (Oceana Publications: New York, 2001), pp , - Shortcomings in the Interforce Investigative Unit -Italian ( Le molte debolezze dell unità investigativa interforze ), Italia Oggi (newspaper), 25 September 1991, p. 1, - No alternatives to mega-trials against Organized crime Italian ( Contro la delinquenza organizzata non c è alternativa ai maxi - processi ), Italia Oggi (newspaper), 5 October 1991, p. 1, - Shadows in the Bill ( Le zone d ombra del provvedimento ), Italia Oggi (newspaper), 3 February 1992, p. 24, - Retirement age-limits for Judges and Prosecutors: a controversial Decree ( Età pensionabile dei magistrati: un decreto che fa discutere ), Italia Oggi (newspaper), 3 March 1992, p. 1. Other scientific contributions - Illicit Trafficking and Criminal Use of CBRN Materials and Weapons: an Analysis of the New Members of the European Union and their Neighbouring Countries (UNICRI: Torino, 2005); - ICTY Manual on Developed Practices (UNICRI: Torino, 2009), pp. 228; - Manual on International Criminal Defence ADC-ICTY Developed Practices (UNICRI: Torino, 2011), pp E

19 4. Hocking, John (Australia) Executive summary of relevant experience (Original: English) I have the pleasure and honour to submit my candidature for the position of Registrar of the International Criminal Court ( ICC ). As the ICC enters its second decade, the international community expects not only a consolidation of the Court s achievements but also a renewed commitment to the delivery of its mandate, notwithstanding the increasingly burdensome cost of international justice. To meet these challenges, the ICC will require a Registrar with strong and commanding management skills. I serve as the ICTY Registrar at a time when Member States have intensified their call for the expeditious conclusion of the Tribunal s judicial activity with a parallel reduction of its resources. A time when, more than ever before, the ICTY is expected to join its action to the global strategic vision of the Secretary-General that the United Nations does more with less. Against this backdrop, I have continually reassessed the ICTY Registry s operations and implemented purposeful processes to both reduce costs and prepare the ICTY for closure. Deliberate restructuring and efficiency measures have brought about a reduction in resources whilst maintaining the continued support of a full trial and appeal schedule. Both of the ICTY biennium budgets I have presented as Registrar demonstrated fiscal restraint and responsiveness to the wishes of Member States. The Tribunal s downsizing, that I have developed and implemented, has been praised as best practice in leadership of a change process by the Office of Internal Oversight Services. My extensive engagement with the diplomatic community has contributed to a radical turnaround in the ICTY s success in the enforcement of sentences. The strong links forged with national jurisdictions has greatly enhanced the efficiency of our mutual collaboration. On 10 January this year, the Secretary-General of the United Nations entrusted me with the additional responsibility of representing him as the Registrar of the Mechanism for International Criminal Tribunals ( MICT ), an unprecedented United Nations institution mandated to complete the work and preserve the legacy of both the ICTR and ICTY. Throughout the setting up and transition to the MICT, I was guided by both the Security Council s vision of a small and lean institution as well as my own aspiration that the Mechanism build on the best practices of both Tribunals, thereby further developing international criminal justice. It is with the same drive that led to the successful commencement of the MICT Arusha branch on 1 July 2012, and the same rigorous management that has enlightened my leadership of the ICTY Registry for over three years, that I would approach the mission of the ICC Registrar. Statement of qualifications Professional experience 10 January 2012 to present: United Nations Mechanism for International Criminal Tribunals, Arusha and The Hague Assistant Secretary-General and Registrar Created under Security Council Resolution 1966 (2010), the Mechanism for International Criminal Tribunals (MICT) continues the jurisdiction, rights and obligations and essential functions of the ICTY and the ICTR. 19-E

20 Upon my appointment as Registrar, serving concurrently as Registrar of the ICTY at no additional cost to the United Nations, I have led the transition to the MICT focusing on the following areas: - Smooth transition of the substantive ICTR Registry functions to the MICT Registry, ensuring that the MICT is able to conduct with no gap in service from day 1: administration of enforcement of sentences; witness protection and support; management of ICTR and ICTY archives; and, assistance to national jurisdictions. - Establishment of an administrative infrastructure for the MICT to ensure the provision of the following services: safety and security; human resources; budget and finance; general services; telecommunications; procurement. - Providing legal and administrative support to the President and Prosecutor, including the development of policies and recruitment of staff. - Construction of the new premises of the Arusha Branch. I coordinated the preparation of a report, endorsed by the Secretary-General, for the construction of the new premises of the Arusha branch pursuant to General Assembly Resolution 66/240. I defended the report before the Advisory Committee on Administrative and Budgetary Questions (ACABQ) and the Fifth Committee of the General Assembly. The construction project is now in its initial phases. On 1 July 2012 the Arusha branch opened its doors, and is fully operational. 15 May 2009 to present: United Nations International Criminal Tribunal for the former Yugoslavia, The Hague, Netherlands Assistant Secretary-General Registrar As Registrar I have overall managerial responsibility for the administrative functioning of the Tribunal (approximately 850 staff and an annual budget of US$140 million) and I am charged to provide judicial, legal, administrative, and diplomatic support to the Tribunal's judicial activities. I also represent the Secretary-General for all staff and financial matters at the Tribunal. Specific duties comprise: - Efficiently and effectively implement the Completion Strategy as it relates to matters within the purview of the Registrar, including the downsizing process and the transition to the Mechanism for International Criminal Tribunals. - Oversee and ensure the Division of Judicial Support Services, leading and managing all court related services, and issuing legal decisions and submissions on various case related matters. I oversee the provision of the following services: witness protection management, defence counsel and self-representation management, detention, court registry operations, legal translation and interpretation. - Oversee and ensure the provision of administrative services to Judges and Prosecution, and all staff in the following areas: recruitment and staffing administration; budget and finance; safety and security; procurement; IT and telecommunications; general services. - Implement the Tribunal's public relations and outreach programmes and actively engage with regional stakeholders and partners, in line with the overall communication strategy of the Tribunal. In a short period of time and under difficult and rapidly evolving circumstances, I have demonstrably improved the Registry operations. On my watch, the ICTY Registry is a professional and reliable partner to Chambers and the Office of the Prosecutor, providing administrative and judicial support of the highest standard. I have led the development and E